Chapter 21, Problem 1RE

Summary Introduction

Case summary: The company W employed a woman A for making detailed notes of the discussion for the script writing. During the meetings, three of the scriptwriters made obscene and vulgar jokes and showcased sexual gestures, but W never complained about it. They also conversated about their personal sexual fantasies and experience to further use it in story. Sometime later, A lost her job and filed a lawsuit against the company W alleging that her termination was a result of racial discrimination.

To find: The type of A’s claim of discrimination.

Explanation of Solution

Title VII of Civil Rights Act forbids any kind of discrimination, intentional and unintentional, at the workplace. In a case of intentional discrimination, the person must show a prima facie case of discrimination by the employer to the Court while unintentional discrimination can be inferred from the practices and procedures of the employer.

In the given case as A does not have enough evidence to prove intentional discrimination as she was not discriminated at any stage, she can bring her claim under unintentional discrimination.